OF07 Behaviour Offences Flashcards
What are the elements for Fighting in a Public Place? S7 SOA1981
- Fights
- In a public place
What does ‘fights’ mean?
Punching, striking, mauling, wrestling etc between two or more willing participants.
What is the definition of a Public Place?
A place, at any material time, is open to or being used by the public. Whether free or on payment of charge, and whether the owner is lawfully entitled to exclude or remove any person. Includes any aircraft, ship, vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.
What is the penalty for Fighting in a Public Place?
$1000
What does ‘Time, Place, Circumstances’ mean?
Time, Place, Circumstances are all important to take into consideration as to whether you charge somebody or not.
What are the elements for Offensive or Disorderly Behaviour? S4(1)(a) SOA1981
- In a public place OR Within view of a public place - Behaves in an offensive manner OR Behaves in a disorderly manner
What does ‘offensive’ mean?
Behaves in a manner arousing feelings of anger, resentment or disgust that cause disturbance to public order.
What does ‘disorderly’ mean?
Behaves in a seriously disruptive manner that causes a disturbance to public order.
What is the penalty for Offensive or Disorderly Behaviour?
$1000
What is Disorderly behaviour likely to cause violence? S3 SOA1981
Behaviour that has or may cause violence against persons or property to start or continue. Described as offensive, riotous, threatening, insulting or disorderly behaviour.
Penalty - 3 months and/or $2000
What is Disorderly Assembly? S5A SOA1981
Group situations with 3 or more people, are gathered in a manner that others who are present fear violence or disorder about to occur.
Penalty - 3 months and/or $2000
What are the elements for Excreting in a public place? S32(1) SOA1981
- Urinates or defecates
- In any public place
What is the the penalty for Excreting in a public place?
$200
What is your Power of Arrest?
S39(2) SOA1981 ONLY if they fail to give correct details on demand.
What defence is available for the offence Excreting in a public place?
Of the offender can provide reasonable grounds for believing they would not be observed.
